Can i get convicted of drink driving with out having a blood sample taken?

Answer 1

Yes.

Answer 2

Drink drive convictions can be based on three basic premises:

1) You provide a specimen which is over the legal limit of 35 mcg/ml in breath or 80 mcg/ml in blood. (They no longer use urine.) This would lead to a conviction for Excess Alcohol.
2) You refuse to give a specimen and the police resaonably suspect that you are intoxicated. This could lead to a conviction for Failure to Provide a Specimen.
3) You are plainly unfit to drive. This can apply to drugs also and is called Driving Unfit (Drink/Drugs).

Being uncooperative in providing a specimen, giving false details to the police or obstructing the process in any other way is likely to be treated as an aggravating feature which may increase the sentence you get.

A drink drive conviction must by law result in a minimum disqualification period of one year. The rest of the sentence depends on whether this is a first or repeat conviction, whether you were already disqualified from driving at the time, and any other aggravating features such as being involved in an accident, failure to stop, etc. Drink driving is an imprisonable offence, although the maximium sentence which can be given at a Magistrates' Court is 6 months' custody. A fine is likely, as is a Community Order with conditions such as Supervision by a Probation Officer, Unpaid Work (formerly known as Community Service) or a condition to attend the Drink Impaired Drivers' Programme.

Answer 3

Yes, in England and Wales it is far more common to use a breathalyser. There are occasions when the breathalyser is out of action, or maybe the person arrested is the one who is out of condition and can't physically provide a sample of breath (he could, for example, be asthmatic) and then the police will request a sample of blood or urine. They prefer blood for a number of reasons, but the urine option is available for people who have good reason not to give blood samples (haemophilia would be a good one). If you refuse to give a sample, then you are likely to be charged with a separate offence of failing to provide a specimen, for which the penalties are every bit as serious as for a conviction of drink driving.

Answer 4

I presume you mean if you refuse the breathaliser or any other way of detecting it (breath, blood or urine can be taken, any of which you can be convicted of).

If you refuse the tests that in itself is a criminal offence - it's called Fail to Provide Specimin. If it's in relation to driving, then it is automatically presumed that you were driving whilst over the limit, but it's a higher offence as you've also obstructed the police. You'd be much better off just giving a sample.

Answer 5

Yes, alot depend on you state. In GA for example, the officer would take you in for a breath test.

And if they could not get a good breath test, your actions at the scene and any field sorbriety test can be enough to convict.

Answer 6

Yes, you can. You can be charged on the basis of the results of a substantive breath test. You can also be charged even if there is no analysis of your blood, urine or breath. The evidence required is one of impairment. This can be a police officer's view, your behaviour and the opinion of a doctor. It is unlikely, however, that the police and CPS would bring you to court without such analysis.

Answer 7

If it was the case that you couldn't be prosecuted without a blood sample being taken then I think every drunk driver would sudenly turn Jehovah Witness

Answer 8

If you ask for one and they refuse then you can as they have not followed proceedure. You can have breath, blood and urine test and take the best result of the three. If you are denied the opportunity to have one of these proceedures you have been denied a legal right and thus have a good case for your defence. I do not think they have to offer you a blood test but they certainly must do one if you insist.

Answer 9

you can. If they did not get a breath blood or urine sample, they will have to rely on other evidence. If there is no video tape of you obviously drunk, then the only evidence they will have is officer testimony. If you can discredit the officers testimony, or the officer's character, there is no case against you.

Answer 10

Yes